Texas Federal Court Holds Rock Dust Discharged into Stream is Excluded “Pollutant,” so Insurer Owed No Duty to Defend or Indemnify, and Committed No Bad Faith
On July 10, 2018, Judge John H. McBryde of the United States District Court for the …
Illinois Appellate Court Holds Insurer Owed Coverage in Fatal Chicago Gang Shooting Lawsuit, but Insurer Did Not Commit Bad Faith in Denying Claim
On March 1, 2018, an Illinois appellate court held an insurer breached its duties to defend …
Is It Bad Faith to Exercise a Contractual Right?
A recent malpractice case highlighted this issue. In Johnson v. Proselect Insurance, the doctor/insured contended that …
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PA Supreme Court Addresses Level of Proof Required Under Statutory Bad Faith Claim
In an opinion dated September 28, 2017, the Pennsylvania Supreme Court, Western District, considered as an …
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Texas Amends Insurance Code In Response To Weather Claims
On May 26, 2017, Texas Governor Greg Abbot signed into law Texas House Bill 1774/Senate Bill …
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Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand
In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth …
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West Virginia Supreme Court: Bad Faith Claims Are Premature when the Insurer Is Providing a Defense
The West Virginia Supreme Court recently granted an insurer the extraordinary legal remedy of a writ …
Eastern District of California Dismisses Bad Faith Action, Where Misrepresentation Voids Policy
On June 6, 2017, the U.S. District Court for the Eastern District of California found, consistent …
Georgia Supreme Court Clarifies Pre-Suit Offer Requirements
On March 6, 2017, the Georgia Supreme Court answered certified questions regarding the application of Georgia’s …
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Eleventh Circuit Reaffirms There Is No Bad Faith Unless the Settlement Offer Fully Protects the Insured
Recently, the Eleventh Circuit, applying Georgia law, reaffirmed that an insurer cannot be liable for negligently …